DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Media, Entertainment and Arts Alliance
(AG2016/5012)

DREAM LOVER CASUAL CREW COLLECTIVE AGREEMENT 2016-2018

Live performance industry
COMMISSIONER GREGORY	MELBOURNE, 19 SEPTEMBER 2016

Application for approval of the Dream Lover Casual Crew Collective Agreement 2016-2018.

[1] An application has been made for approval of a greenfields agreement known as the Dream Lover Casual Crew Collective Agreement 2016-2018. The application was made by Media, Entertainment and Arts Alliance pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Media, Entertainment and Arts Alliance are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement submitted to the Commission omitted Schedule A and Schedule B. After seeking clarification with the parties, the schedules were provided. The Schedules have been attached to the Agreement and form part of the text of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Media, Entertainment and Arts Alliance and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this matter are the Media, Entertainment and Arts Alliance (MEAA) and Dream Lover, a company engaged in the production of entertainment services. The nature of the dispute before the Fair Work Commission is the approval of a collective agreement between the MEAA and Dream Lover. This agreement, titled the Dream Lover Casual Crew Collective Agreement 2016-2018, outlines the terms and conditions of employment for casual crew members in the entertainment industry. The case was heard by the Fair Work Commission, which has jurisdiction over such matters.

The central legal issues that the Fair Work Commission had to resolve pertain to whether the collective agreement complies with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement fairly represents the interests of the employees, provides for a fair process for resolving workplace disputes, and adheres to the principles of good faith bargaining and industrial conciliation and arbitration. Additionally, the Commission considered whether the agreement was made in good faith, was not misleading or deceptive, and met the standards of procedural fairness.

In rendering its decision, the Fair Work Commission carefully examined the provisions of the collective agreement and the process by which it was negotiated. The Commission found that the agreement was negotiated in good faith and adequately represented the interests of the employees. It also determined that the agreement met the legislative standards for procedural fairness and did not contain any misleading or deceptive elements. Consequently, the Fair Work Commission approved the Dream Lover Casual Crew Collective Agreement 2016-2018.

The final orders of the Fair Work Commission were to approve the Dream Lover Casual Crew Collective Agreement 2016-2018, thereby providing a legally binding framework for the employment of casual crew members within Dream Lover. The Commission's approval signifies that the agreement complies with the statutory requirements and serves as a valid basis for the terms and conditions of employment for the relevant workforce.

Media, Entertainment and Arts Alliance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established